
<Jl)e tfomnumrotattl) of Jtlassacl)U0ett0 



EXECUTIVE PROCLAMATIONS 



■I 



AND 



WAR LEGISLATION 



JUNE, 1917 



Printed under the direction of 

THE SECRETARY OF THE COMMONWEALTH 




BOSTON 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS 

32 DERNE STREET 

1917 



<Jt)e €ommonto£oltt) of iftaBsacl)UBCtts 



EXECUTIVE PROCLAMATIONS 



AND 



WAR LEGISLATION 



JUNE, 1917 



Printed under the direction of 

THE SECRETARY OF THE COMMONWEALTH 




BOSTON 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS 

32 DERNE STREET 

1917 



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Office of the Secretary, 
Boston, June 23, 1917. 

The executive and legislative acts of the Commonwealth of 
Massachusetts during the momentous days attending upon the 
entry of the United States of America into the World War are 
deemed to be of sufficient general and historical interest to 
warrant their publication in a separate pamphlet. 

The legislation herein contained was enacted at the session of 
the General Court for the present year, based upon messages of 
the Governor and to some extent suggested by the Massachu- 
setts Committee on Public Safety. This committee, composed 
of one hundred public-spirited citizens, is a volunteer, extra- 
statutory organization, which was appointed by His Excellency 
Governor Samuel W. McCall to give advice and render assist- 
ance to him in meeting the many problems and emergencies 
which arose because of existing war conditions. 

ALBERT P. LANGTRY, 

Secretary of the Commonwealth. 



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CONTENTS. 



Executive Proclamations. 

PAGE 

1. Encouragement of Food Production, 7 

2. Display of French Flag on Visit of French Mission, ... 9 

3. Military Enrolment, 10 

4. Display of Italian Flag on Visit of Italian Mission, ... 13 

War Legislation. 

I. The Commonwealth Defence Act, 14 

II. Organization, Compensation and Welfare of the Forces of 
the Commonwealth : — 

1. Increase in District Police, 23 

2. Organization of Home Guard, 24 

3. Aid for Dependent Relatives of Soldiers and Sailors, . 25 

4. Use of Recruiting Butto n, ....... 28 

5. State Pay for Soldiers and Sailors in United States 

Service, .......... 28 

6. Books for Soldiers and Sailors, ...... 30 

7. Compensation for Municipal Employees in United 

States Service, 31 

8. Use of Firearms in Military Training, .... 31 

9. Compensation for State Employees in United States 

Service, 32 

10. Soldiers and Sailors entitled to State Pay from February 

3, 1917, 33 

III. Production and Conservation of Food and Other Supplies: — 

1. Agricultural Work on the Lord's Day legalized, . . 34 

2. Expenditures by Municipalities to aid in Raising Food 

Products, 34 

3. Investigations of Unlawful Combinations by Attorney- 

General, 35 



IV. War Insurance: — 

1. Rates of Insurance for Soldiers and Sailors, ... 36 

2. Insurance of Property against War Risks, ... 37 
V. The Flag: — 

1. Publication of Information concerning the Flag, . . 38 

2. Penalties for Misuse of the Flag, 39 

3. Use of the Flag, 40 

4. "The Star Spangled Banner," 40 

VI. Federal Relations: — 

1. Exemption of United States Bonds from Taxation, . 41 

2. Cession of Little Hog and Calf Islands, .... 41 
VII. Financial Measures: — 

1. First $1,000,000 Appropriation, 42 

2. Entertainment of French Mission, 42 

3. Payment of Certain Emergency Expenses, ... 43 

4. Second $1,000,000 Appropriation, 43 

5. Appropriation for State Guard, 44 

6. Appropriation for Expenses Incident to the Establish- 

ment of Military Camps, .45 



EXECUTIVE PROCLAMATIONS AND 
WAR LEGISLATION. 



EXECUTIVE PROCLAMATIONS. 



2ty* (EommiJttttieaUlj of iHaaaarljuBrtta. 



By His Excellency SAMUEL W. McCALL, Governor. 



PROCLAMATION FOR THE ENCOURAGEMENT OF 
FOOD PRODUCTION AND CONSERVATION. 

The Commonwealth is faced with grave uncertainty regarding 
its food supply during the war period. Very much less than 
half the food we consume is produced within the limits of Mas- 
sachusetts and we must rely upon the surplus of other states. 
The smaller that surplus, the greater the threat of scarcity to 
us, and even if the supply were adequate our transportation 
system is already heavily taxed and it is likely to be put under 
a still greater strain by the needs of war. Common prudence 
requires that we should utilize our own lands to the utmost in 
the production of our food. We shall lrave only ourselves to 
blame if want shall come upon us when we have not employed 
to the utmost the resources that nature has given us. Many 
will be called upon either to serve in actual warfare or to pre- 
pare themselves for it, but to many others that privilege will be 
denied. All, however, are given the privilege of serving in 
some capacity, and very real service can be rendered in the 
growing of food stuffs and in their conservation. There are 
many thousands of acres of land in our Commonwealth capable 
of cultivation which are untilled or are not permitted to do the 



full amount of work for us that they are willing to do. There 
will be few of our people, excepting the soldiers, who will not 
be able to help in raising food. Whatever one's occupation, he 
will be able to find recreation and health in tilling the soil. At 
the same time he will confer a very solid benefit not only upon 
himself but upon those who live about him. Great quantities of 
food may be raised if we shall multiply the number of gardens 
and shall bring into cultivation small plots which are now 
practically waste and produce little or nothing. We need not 
trench upon the pastures and the other fields necessary for the 
feeding of our stock. I urge that our farmers increase as 
much as they are able to do the production of food stuffs, and 
that all of those who are not farmers strive to secure the use of 
small tracts of land which will reward intelligent labor by a 
generous yield of foods. And I urge that all of us avoid the 
waste of food which under our ordinary habits of living has 
become very great and which sooner or later will lead to its 
natural penalty, which is want. 

Dr. Kenyon L. Butterfield, the President of the State Agri- 
cultural College, can be reached by letter at the Committee on 
Public Safety, State House, Boston, and full information con- 
cerning the character of seeds and method and time of planting 
may be procured from him. 

Witness, His Excellency the Governor, at Boston, 
this sixth day of April, in the year of Our Lord one 
thousand nine hundred and seventeen, and of the 
Independence of the United States of America the 
one hundred and forty-first. 

SAMUEL W. McCALL. 

By His Excellency the Governor. 

ALBERT P. LANGTRY, 

Secretary of the Commonwealth. 

God Save the Commonwealth of Massachusetts. 




5Uj£ GImmtummraltlj of fMasaartjitflrtta . 



By His Excellency SAMUEL W. McCALL, Governor. 



A PROCLAMATION. 

Whereas, the display of the flag or emblem of a foreign 
country upon the outside of a State, County, City or Town 
building or public schoolhouse is forbidden by law except upon 
the occasion of a visit of a citizen of such foreign country as a 
guest of the United States or this Commonwealth. 

Pursuant to law I hereby make proclamation calling for and 
authorizing the display of the flags of the French Republic upon 
State, County and Municipal buildings during the coming visit 
to this Commonwealth of M. Viviani and le Marechal Joffre 
and their colleagues of the French Commission to the United 
States. 

In addition I urge that residents, merchants and business 
houses of all cities to be visited by the Commission as far as in 
their power do honor to our distinguished guests during their 
stay in Massachusetts by displaying the flags of this country 
and the French Republic. 

Given at the Executive Chamber in Boston, this 
eighth day of May, in the year of Our Lord one thou- 
sand nine hundred and seventeen, and of the Inde- 
pendence of the United States of America the one 
hundred and forty-first. 

SAMUEL W. McCALL. 
By His Excellency the Governor. 

ALBERT P. LANGTRY, 

Secretanj of the Commonwealth. 

God Save the Commonwealth of Massachusetts 




10 



Stye (Eommottttiealtl! of ffflaaflarljitHettfi. 



By His Excellency SAMUEL W. McCALL, Governor. 



A PROCLAMATION. 

Whereas, the President of the United States, acting under 
authority of an Act of Congress of May 18, 1917, entitled "An 
act to authorize the President to increase temporarily the 
military establishment of the United States," ha's by proclama- 
tion of the same date called upon all males who shall have 
attained their twenty-first birthday and who shall not have 
attained their thirty-first birthday on or before the fifth day of 
June, 1917, to appear and register between the hours of 7 a.m. 
and 9 p.m. on said fifth day of June at the registration place in 
the precinct wherein they have their permanent homes, except- 
ing only officers and enlisted men of the Regular Army, the 
Navy, the Marine Corps and the National Guard and Naval 
Militia while in the service of the United States, and officers in 
the Officers' Reserve Corps and enlisted men in the Enlisted 
Reserve Corps while in active service; and, 

Whereas, the President has by rules and regulations promul- 
gated on the same day called upon the Governors of the several 
States and Territories to supervise the execution of the regis- 
tration and draft provided for by said act, and to appoint 
boards of registration in towns and in cities of less than thirty 
thousand inhabitants within their respective territories; 

Now therefore, I, Samuel W. McCall, Governor of the Com- 
monwealth, do hereby proclaim that all appointments of boards 
of registration heretofore made by me in towns and in cities of 
less than thirty thousand inhabitants are hereby ratified and 
confirmed. 

And I hereby bring to the attention of the mayors of the 
cities of thirty thousand or more inhabitants that the duty 
rests upon them of appointing boards of registration in their 
respective cities. 



11 

The executive officer of each board of registration in towns 
and in cities of less than thirty thousand inhabitants is hereby 
directed to provide a suitable place for registration in each 
voting precinct within his jurisdiction. 

And the mayors of cities of thirty thousand or more inhab- 
itants are hereby called upon to provide a suitable place for 
registration in each voting precinct in their respective cities. 

And I do hereby notify the wardens, superintendents, jailers 
and other officers in charge of the State Prison, houses of 
correction, reformatory prisons and other penal institutions that 
they are charged with the registration on the day set for regis- 
tration of the inmates of such institutions who are required to 
register. 

And I do hereby admonish all male persons, resident in 
Massachusetts, who shall have attained their twenty-first birth- 
day and who shall n'ot have attained their thirty-first birthday 
on the fifth day of June, 1917, except as aforesaid, to appear on 
said day at the registration place in their respective precincts 
and there to register, in accordance with the proclamation of 
the President of May 18, 1917. 

Attention is called to the fact that section 5 of said Act of 
Congress provides that any person who shall wilfully fail or 
refuse to present himself for registration, or to submit thereto, 
as therein provided, shall be guilty of a misdemeanor, and upon 
conviction shall be punished by imprisonment for not more than 
one year, and shall thereupon be duly registered. 

And I hereby call upon all police officers within the Com- 
monwealth to assist to the best of their ability the officers 
charged with the duty of conducting the registration and to 
report without delay to the proper registration boards the 
names of any persons known by them to have failed to register 
themselves when liable to do so. 

This process of registration has been established by the 
National Congress as a means of securing the lists out of which 
are to be drawn the armies of the country in a great war. I 
deem it of the utmost importance that the registration in the 
Commonwealth shall be conducted in an orderly and efficient 
manner, in order that our registration may be made as nearly 
complete as possible on the day fixed by the President's 



12 

proclamation, to the end that Massachusetts may now as 
always heretofore be found in the front rank among the States 
in responding to the calls that are made by the Nation in its 
time of peril. 

I therefore urge all the people of the Commonwealth to co- 
operate so far as they are able and assist the officers who have 
in charge the preparation of the registration lists. 

Given at the Executive Chamber at Boston, this 
twenty-first day of May in the year of Our Lord one 
thousand nine hundred and seventeen, and of the 
Independence of the United States of America the 
one hundred and forty-first. 

SAMUEL W. McCALL. 
By His Excellency the Governor. 

ALBERT P. LANGTRY, 

Secretary of the Commonwealth. 

God Save the Commonwealth of Massachusetts 




13 



©ij* (Eommflttuiraltlj nf fKaasarliuartte. 



By His Excellency SAMUEL W. McCALL, Governor. 



A PROCLAMATION. 

Whereas, the display of the flag or emblem of a foreign 
country upon the outside of a State, County, City or Town 
building or public schoolhouse is forbidden by law except upon 
the occasion of a visit of a citizen of such foreign country as a 
guest of the United States or this Commonwealth, 

Pursuant to law I hereby make proclamation calling for and 
authorizing the display of the flags of the Kingdom of Italy 
upon State, County and Municipal buildings during the coming 
visit to this Commonwealth of the Prince of Udine and his 
colleagues of the Italian War Mission to the United States. 

In addition I urge that residents, merchants and business 
houses of all the communities to be visited by the Mission as far 
as in their power do honor to our distinguished guests during 
their stay in Massachusetts by displaying the flags of this 
country and the Kingdom of Italy. 

Given at the Executive Chamber in Boston, this 
twenty-first day of June in the year of Our Lord one 
thousand nine hundred and seventeen, and of the 
Independence of the United States of America the 
one hundred and forty-first. 

SAMUEL W. McCALL. 
By His Excellency the Governor. 

ALBERT P. LANGTRY, 

Secretary of the Commonwealth. 

God Save the Commonwealth of Massachusetts 




14 



WAR LEGISLATION. 



I. THE COMMONWEALTH DEFENCE ACT. 

General Acts, Chapter 342. 

An Act to provide for the better defence of the com- 
monwealth IN TIME OF WAR. 

Be it enacted, etc., as follows: 

Section 1. During the continuance of the existing state of 
war between the United States and any foreign country in order 
to provide for the safety, defence and welfare of the common- 
wealth and for the discharge of its duties toward the national 
defence as one of the United States the provisions of this act 
shall be and remain of full force and effect, but except as herein 
otherwise expressly provided shall cease to operate on the 
termination of the said state of war. 

Section 2. The governor with the advice and consent of the 
council may by proclamation require subjects or citizens above 
the age of eighteen years of any country with which the 
United States is at war, or if in his opinion the public safety so 
demands, of all foreign countries, to appear before such public 
authorities within such time as he may designate and personally 
register with such public authorities his or her name, residence, 
business, past and intended stay within the commonwealth, and 
such other information as the governor may prescribe. 

Section 3. The governor with the advice and consent of the 
council may from time to time issue regulations (a) governing 
the manner of registration and the procedure in connection 
therewith, and the keeping and custody of records and access 
thereto, but such records shall only be open to inspection by 
public officials acting under official authority and not to any 
private person, corporation, organization or agency, (b) re- 
quiring further information from time to time by persons 
registered in accordance with the provisions of section two of 
this act and requiring such reports as he may deem advisable 
by keepers of hotels, inns or lodging-houses and other persons 
furnishing lodging to or harboring persons, and (c) imposing 



15 



conditions or restrictions on the movements of persons regis- 
tered or required to be registered: provided, however, that 
nothing herein contained shall be deemed to authorize any re- 
striction or infringement of rights granted them by the consti- 
tution of the United States or by federal authority. 

Section 4. Any person against whom a prosecution has 
been brought under this act who shall decline to testify as to 
whether he is a citizen or a subject of any foreign state, the 
citizens or subjects of which are required to register by procla- 
mation of the governor under this act, may be required to 
register and to observe such other regulations as the governor 
with the advice and consent of the council may prescribe. 

Section 5. Any person failing to register or to give informa- 
tion in compliance with the terms of any proclamation or regu- 
lations issued by the governor in pursuance of sections two, 
three and four of this act, or otherwise failing to comply with 
the terms of such proclamation or regulations shall upon con- 
viction be punished by a fine not exceeding one thousand 
dollars, or by imprisonment for a period not exceeding six 
months, or by both such fine and imprisonment. 

Section 6. Whenever the governor shall believe it necessary 
or expedient for the purpose of better securing the public safety 
or the defence or welfare of the commonwealth, he may with 
the approval of the council take possession: 

(a) Of any land or buildings, machinery or equipment. 

(b) Of any horses, vehicles, motor vehicles, aeroplanes, ships, 
boats, or any other means of conveyance, rolling stock of steam 
or electric railroads or of street railways. 

(c) Of any cattle, poultry and any provisions for man or 
beast, and any fuel, gasoline or other means of propulsion 
which may be necessary or convenient for the use of the 
military or naval forces of the commonwealth or of the United 
States, or for the better protection or welfare of the common- 
wealth or its inhabitants. He may use and employ all property 
so taken possession of for the service of the commonwealth or 
of the United States, for such times and in such manner as he 
shall deem for the interests of the commonwealth or its inhab- 
itants, and may in particular, when in his opinion the public 
exigency so requires, sell or distribute gratuitously to or among 



16 

any or all of the inhabitants of the commonwealth anything 
taken under clause (c) of this section and may fix minimum and 
maximum prices therefor. He shall, with the approval of the 
council, award reasonable compensation to the owners of any 
property of which he may take possession under the provisions 
of this section and for its use, and for any injury thereto or 
destruction thereof caused by such use. 

Section 7. Any owner of property of which possession has 
been taken under section six of this act, to whom no award has 
been made, or who is dissatisfied with the amount awarded 
him by the governor and council as compensation, may file a 
petition in the superior court to have the amount to which he 
is entitled by way of damages determined. Either the pe- 
titioner or the commonwealth shall have the right to have the 
amount of such damages fixed by a jury in the said court upon 
making claim in such manner as the court may have provided 
or shall provide by its rules. 

Section 8. The petition provided for by section seven of 
this act may be filed either in the county in which the pe- 
titioner lives or has his usual place of business, if the petitioner 
either lives or has a usual place of business in the common- 
wealth, or otherwise in the county of Suffolk. The petition 
shall be brought within one year after the date when possession 
of the property was taken under section six of this act, and 
except as is otherwise provided herein, shall be heard and de- 
termined in accordance with the provisions of chapter two hun- 
dred and one of the Revised Laws and all acts in amendment 
thereof or in addition thereto. 

Section 9. Upon such petition full damages shall be 
awarded whether or not the same had fully accrued at the time 
of the filing of the petition, and, whenever necessary, the hear- 
ing on the petition shall on the application of either the pe- 
titioner or the commonwealth be continued for assessment of 
damages until the same are fully ascertained. 

Section 10. Any members of the home guard as established 
by chapter one hundred and forty-eight of the General Acts of 
the year nineteen hundred and seventeen, shall with respect to 
their powers and liabilities be deemed to be a part of the 
military forces of the commonwealth. 



17 

Section 11. The governor shall have full power and au- 
thority to eo-operate with the federal authorities and with the 
governors of other states in matters pertaining to the common 
defence, and with the military and naval forces of the United 
States and of the other states. In particular the governor is 
hereby authorized upon request evidenced by duly authenti- 
cated vote of the Council of National Defence to provide for 
the taking of a census of the men and resources of the com- 
monwealth, and generally to take any such measures as he may 
deem proper to carry into effect any request of the said Council 
of National Defence evidenced as aforesaid. 

Section 12. Whenever the governor shall determine that 
circumstances warrant the exercise by him of all or any of the 
powers conferred on him by this act, he may, with the approval 
of the council, by writings signed by him, confer upon such 
officials of the commonwealth or any political division thereof, 
or such officer of the military or naval forces of the common- 
wealth, or such other person or persons as he may select, full 
power and authority to do in his name whatever may be neces- 
sary to carry the said powers into effect. He may revoke such 
written authority at any time. 

Section 13. Affidavits and commissions to take the de- 
position of any person without this commonwealth engaged in 
the military service of the United States, may be executed 
before and by any officer in the said service above the rank of 
lieutenant; and of any person engaged in the naval service of 
the United States, before any officer in that service above the 
rank of ensign; and affidavits and depositions of such persons 
so taken, if otherwise taken in accordance with law, shall be 
received and may be used in evidence, or for any other purpose, 
in the same manner as if taken before a commissioner of this 
commonwealth appointed to take depositions in other states. 

Section 14. The deed of any person without this common- 
wealth for the conveyance of real estate within this common- 
wealth, or for any other purpose, powers of attorney and other 
instruments may, if such person is engaged in the military 
service of the United States, be acknowledged before any 
officer in that service above the rank of lieutenant; and if such 
person is engaged in the naval service of the United States, 



18 

before any officer in that service above the rank of ensign; and 
deeds, powers of attorney and other instruments so acknowl- 
edged may be used and recorded in this commonwealth in the 
same manner as if taken before a commissioner of this common- 
wealth. 

Section 15. For the purposes aforesaid the officers above 
named shall have the same power and authority as commis- 
sioners of this commonwealth, to administer oaths and take the 
depositions, affidavits and acknowledgments of persons in the 
military or naval service of the United States, in accordance 
with the provisions of sections fourteen and fifteen of this act. 

Section 16. Sections thirteen, fourteen and fifteen of this 
act shall remain in force while the United States is at war and 
six months thereafter. 

Section 17. The time of the absence from the common- 
wealth of any person engaged in the military or naval service of 
the United States, shall not be taken as part of the period 
limited for the prosecution of actions by such person: provided, 
that nothing herein contained shall have the effect of extending 
said period more than six months after the discharge of such 
person from the service of the United States, or after thje 
termination of the war, whichever shall first occur. 

Section 18. When judgment shall have been rendered upon 
the default of any defendant absent from the commonwealth in 
the military or naval service of the United States as aforesaid, 
such defendant may, within six months after his discharge 
from that service, or after the termination of the war, which- 
ever shall first occur, as of right and without any petition 
therefor, take a writ of review out of the court in which the 
judgment was rendered, in manner and form as provided by 
law. • 

Section 19. Whenever in any suit it shall be made to 
appear to the court that any defendant is absent from the com- 
monwealth in the military or naval service of the United States, 
as aforesaid, the court may in its discretion, order the suit to be 
continued as to such defendant without costs to either party; 
and if in such suit any person be summoned as trustee of such 
defendant, so absent as aforesaid, or a person summoned in any 
suit as trustee be so absent as aforesaid, the court may also in 



19 

its discretion suspend the proceedings against such alleged 
trustee without costs to either party: provided, that no such 
continuance shall be allowed beyond the period of six months 
after the discharge of such principal defendant or alleged 
trustee from the service of the United States, or after the 
termination of the war, whichever shall first occur. 

Section 20. None of the provisions of sections seventeen to 
nineteen, inclusive, of this act shall be deemed to apply to any 
case in which an executor or administrator is party, either 
plaintiff or defendant. 

Section 21. In any criminal case the court having juris- 
diction thereof may in its discretion and if, in the opinion of the 
court, the public safety and defence of the commonwealth so 
require, refuse to admit the defendant to bail; and all laws in- 
consistent herewith are hereby suspended during the contin- 
uance of the state of war: provided, however, that this section 
shall not apply to any defendant who is engaged in the military 
or naval service of the United States. 

Section 22. Whoever constructs, assembles, puts together, 
places or plants, or causes to be constructed, assembled, put 
together, placed or planted, any substances or objects in imita- 
tion of any explosive, bomb, or shell, or whoever with intent to 
intimidate any person or persons, or with intent to place or 
plant the same has any such substances or objects in imitation 
of any explosive, bomb, or shell, in his possession, or whoever 
with intent to intimidate or frighten any person or persons 
falsely states or in any way causes it to be stated or rumored 
falsely that any explosive, bomb, or shell, is to be or may be 
exploded unlawfully, shall be punished by a fine of not more 
than five hundred dollars or by imprisonment for not more 
than six months, or by both such fine and imprisonment. 

Section 23. Whenever the governor, with the advice and 
consent of the council, shall determine that an emergency has 
arisen in regard to the cost, supply, production, or distribution 
of food or other necessaries of life in this commonwealth, he 
may ascertain the amount of food, or other necessaries of life 
within the commonwealth; the amount of land and labor avail- 
able for the production of food; the means of producing within 
or of obtaining without the commonwealth food or other neces- 



20 

saries of life as the situation demands; and the facilities for the 
distribution of the same, and may publish any data obtained 
relating to the cost or supply of such food or other necessaries, 
and the means of producing or of obtaining or distributing the 
same. In making the said investigation he may compel the 
attendance of witnesses and the production of documents, and 
may examine the books and papers of individuals, firms, associa- 
tions and corporations producing or dealing in food or other 
necessaries of life, and he may compel the co-operation of all 
officers, boards, commissions and departments of the common- 
wealth having information that may assist him in making the 
said investigation. 

Section 24. A. The state board of labor and industries 
shall immediately upon the passage of this act appoint a com- 
mittee of five persons, none of whom shall be members of said 
board who shall be approved by the governor; of whom one 
shall be the commissioner of labor, who shall be chairman, two 
shall be representatives of employers of labor, and two shall be 
representatives of wage earners; to which committee all 
petitions, applications and matters arising under this section 
shall be forthwith referred. The commissioner of labor shall 
serve thereon without additional compensation and the other 
members shall receive such compensation and allowances for 
expenses as the governor with the consent of the council may 
determine. Such committee shall be given whatever name the 
state board of labor and industries may select. Any action 
taken and all permits granted by said committee shall have the 
same effect as though taken or granted by said board, which 
may at any time revoke the authority of said committee, re- 
move any of its members except the commissioner of labor, and 
may fill any vacancies in said committee, and in the temporary 
absence of any member thereof, the committee or the commis- 
sioner of labor may fill such vacancy temporarily. 

B. Any employer of labor may make application to the state 
board of labor and industries or to the committee created by 
clause A of this section, setting forth that a law or laws of the 
commonwealth licensing or regulating labor, or the employ- 
ment of labor, or any law or laws of the commonwealth in any 
manner affecting conditions of labor, interfere with the prosecu- 



21 

tion of work which said employer is doing or is about to do, 
which work is required by an emergency arising out of the 
existing state of war, and asking that a permit be granted to 
him suspending the operation of such law or laws, or any part 
thereof, as applicable to his work or establishment. The com- 
mittee shall convene and give a hearing upon such application 
as soon after its receipt as possible, and if in its opinion such 
emergency exists, it may grant to the applicant such a permit. 
The permit shall contain such limitations and restrictions as the 
committee may deem proper to impose, in respect to the length 
of time during which, and the particular work or establishment 
in connection with which, such permit shall be effective. The 
permit shall be revocable at any time by the aforesaid com- 
mittee and shall in any event become void sixty days after the 
termination of the existing state of war. The operation of any 
law or laws or parts thereof, shall be suspended only to the 
extent provided for in such permit. 

C. At the hearing the committee shall permit the attendance 
of representatives of the interested parties and of such other 
persons as it may deem proper, and shall give notice of the 
hearing to the interested parties and to such others, as it may 
determine. 

D. Whenever it appears or is represented to the commis- 
sioner of labor that a situation exists which requires immediate 
action or decision before said committee can be called together, 
he is hereby authorized to grant such permit or take such 
action as he deems proper, which action so taken or permit so 
granted by him shall remain in force and effect only until the 
committee can assemble and give the hearing as heretofore pro- 
vided and render its decision: provided, that in no case shall 
said temporary action taken or permit granted by the commis- 
sioner of labor be valid for a longer period than seventy-two 
hours. 

E. The entire office force and office equipment of the state 
board of labor and industries shall be at the disposal of the said 
committee and shall be subject to its orders in any matters 
arising under this section; and the advice, assistance, and co- 
operation of any other department, board or commission of the 
commonwealth shall, upon request, be immediately extended to 
said committee. 



9.9. 



Section 25. The governor, with the advice and consent of 
the council, shall have power by proclamation to prohibit or 
regulate the use of fireworks and firecrackers throughout the 
commonwealth at such times as he may deem the public 
interest may require. Such prohibition or regulation shall con- 
tinue until revoked by the governor. Subject to such prohibi- 
tion or regulation as may be proclaimed by the governor, the 
authority of cities, towns and officials under existing law to 
prohibit or regulate the use of fireworks and firecrackers shall 
not be abridged or affected by the provisions of this section. 

Section 26. If any part, sub-division or section of this act 
shall be declared unconstitutional the validity of the remaining 
parts of this act shall not be affected thereby. 

Section 27. For the purpose of carrying out the provisions 
of this act, the governor, with the advice and consent of the 
council, is authorized to use any funds appropriated by chapter 
two hundred and two of the Special Acts of the year nineteen 
hundred and seventeen, and any other funds made available for 
this purpose. 

Section 28. The provisions of this act and the powers 
granted hereunder shall take effect and be exercised only in so 
far as they do not contravene any law of the United States or 
the exercise of any lawful power by the president. 

Section 29. This act shall take effect upon its passage, and 
may be cited as the Commonwealth Defence Act of 1917. 
[Approved May 26, 1917. 



23 



II. ORGANIZATION, COMPENSATION AND WELFARE OF 
THE FORCES OF THE COMMONWEALTH. 

1. Increase in District Police. 

General Acts, Chapter 43. 

An Act to authorize the governor to increase tempo- 
rarily THE FORCE OF THE DISTRICT POLICE. 

Be it enacted, etc., as folloivs: 

Section 1. In order to provide more effectively for the pro- 
tection of persons and property and for the maintenance of law 
and order within the commonwealth, the governor is hereby 
authorized to appoint special police officers in the department 
of the district police of the commonwealth from time to time 
to a number not exceeding three hundred, whose appointment 
shall be temporary and shall not be subject to the provisions of 
the civil service laws. The said officers shall be appointed for 
a period of two months, and may be reappointed for successive 
periods of two months, but not extending beyond the period of 
a year from the date of the passage of this act. 

Section 2. The compensation of officers appointed here- 
under shall be three dollars and fifty cents per day, and they 
shall be allowed their necessary travelling expenses incurred in 
the performance of their duties as approved by the chief of the 
district police. 

Section 3. Officers appointed hereunder shall have all the 
powers of the district police as prescribed in the statutes of the 
commonwealth. No officer appointed hereunder shall be re- 
quired to give bond for the faithful performance of his duties. 
The chief of the district police may make such rules and regula- 
tions for the discipline, organization, government and equip- 
ment of the officers appointed hereunder as he may deem neces- 
sary or proper, including the authority to bear arms. 

Section 4. The sum of sixty-five thousand dollars is hereby 
appropriated to be paid out of the treasury of the common- 
wealth from the ordinary revenue for expenses authorized to be 
incurred under this act. 

Section 5. This act shall take effect upon its passage. 
[Approved March 2, 1917. 



24 



2. Organization of Home Guard. 

General Acts, Chapter 148. 

An Act to provide for the organization of a home guard 
in time of war. 

Be it enacted, etc., as folloivs: 

Section 1. The commander-in-chief may, in time of war, 
raise by voluntary enlistment and organize a home guard from 
citizens of the United States, being inhabitants of this common- 
wealth, who are over thirty-five years of age, or married men 
under thirty-five years of age with dependents, or those physi- 
cally disqualified from service in the national guard. 

Section 2. The home guard may be of such numerical 
strength, and shall be so organized, maintained, officered, 
armed and equipped, and enlisted for, or disbanded from, such 
service within the commonwealth at any time and on such 
terms as the commander-in-chief may from time to time by 
executive order determine. When called for service the home 
guard shall perform such duties as shall be prescribed by order 
of the commander-in-chief, and all members of the home guard 
shall have and exercise throughout the commonwealth all the 
powers of constables, police officers and watchmen, except the 
service of civil process. The compensation of officers and men 
of the home guard, when called by executive order for service 
and while on such service, shall be fixed by the commander-in- 
chief, and shall in no event exceed the compensation of officers 
and men of the national guard of like grade. 

Section 3. The commander-in-chief may appoint provisional 
officers for such units and organizations of the home guard as 
he may establish, and such officers shall, subject to removal by 
the commander-in-chief and until their successors are elected or 
appointed, as provided by the constitution and statutes of the 
commonwealth, exercise the same military authority over their 
several commands as specified by the statutes of Massachusetts 
for duly chosen officers of organized militia of the common- 
wealth. The same powers shall vest in any and all officers 
elected as above provided. 

Section 4. The provisions of section one hundred and 



25 

seventy of chapter six hundred and four of the acts of the year 
nineteen hundred and eight, and the amendments thereof, shall 
not apply to the home guard. 

Section 5. All provisions of law relative to the compensa- 
tion of members of the militia injured in the discharge of their 
duty shall apply to members of the home guard. 

Section 6. For the purpose of carrying out the provisions of 
this act the governor is authorized to expend the sum of two 
hundred thousand dollars, to be taken from the sum of one 
million dollars appropriated by chapter two hundred and two 
of the Special Acts of the year nineteen hundred and seventeen. 

Section 7. This act shall take effect upon its passage. 
[Approved April 5, 1917. 

Note. — For military status of Home s Guard, see "Commonwealth 
Defence Act," section 10, page 16. 

For appropriation for Home Guard, see General Acts, chapter 331, 
page 44. 

3. Aid for Dependent Relatives of Soldiers and Sailors. 

General Acts, Chapter 179. 

An Act to provide aid for certain dependent relatives 
of soldiers and sailors of the commonwealth in the 
federal service. 

Be it enacted, etc., as follows: 

Section 1. Any city or town may raise money by taxation 
or otherwise, and, if necessary, expend the same by the officers 
authorized by law to furnish state and military aid, for the 
benefit of the wife, widow, children under sixteen years of age, 
or any child dependent by reason of physical or mental in- 
capacity, or the actually dependent parents, brothers and 
sisters, of any inhabitant of such city or town, having a resi- 
dence and actually residing therein, who has enlisted, and re- 
sponded to the call of the president or war department, or 
hereafter shall duly be enlisted, and who has been or shall be 
mustered into the military or naval service of the United 
States as a part of the quota of this commonwealth which may 
be called for service in the United States or in any foreign 
country, up to January fifteenth, nineteen hundred and nine- 



26 

teen, unless the said service is sooner terminated, in the same 
manner and under the same limitations, except as hereinafter 
provided, as state aid is paid to dependent relatives of soldiers 
or sailors of the civil war and of the war with Spain. 

Section 2. Persons who incur disabilities in the said service 
and who are honorably discharged therefrom shall be eligible to 
receive state and military aid under the same rules, conditions 
and limitations as to amount which now govern applicants for 
aid under chapter five hundred and eighty-seven of the acts of 
the year nineteen hundred and fourteen. 

Section 3. Applicants for aid as aforesaid shall, as a basis 
for the first payment thereof, state in writing, under oath, the 
name, age and residence of the person for whom aid is sought, 
the relationship of such person to the soldier or sailor, the com- 
pany and regiment or branch of the service in which the soldier 
or sailor is enlisted and in which he last served, the date and 
place of his enlistment, when known, the duration of his service, 
and the reason for the application, and shall furnish such 
official certificate or record, or other evidence of enlistment, 
service and discharge as may be required. 

Section 4. The commissioner of state aid and pensions shall 
furnish, from time to time, to each city and town a sufficient 
number of blank forms for the use of applicants; shall decide 
all questions in dispute between applicants and the municipal 
authorities; shall investigate all payments of aid; shall have 
power to determine all incidental questions arising in connection 
therewith; and shall have the custody of the original papers 
relating to each application. 

Section 5. Each application shall be forwarded to the com- 
missioner of state aid and pensions by the municipal officers 
with whom the application is filed, within three days after it is 
filed, together with a recommendation of the said officers 
thereon. 

Section 6. Municipal officers making payments under this 
act shall make return of the same to the commissioner of state 
aid and pensions on blank forms furnished by the commissioner, 
in the manner prescribed by chapter five hundred and eighty- 
seven of the acts of the year nineteen hundred and fourteen, 
except that so much of section six of said chapter as relates to 



27 

the maximum aid to be allowed shall not apply. The said com- 
missioner shall prescribe rules as to the amount and the dis- 
bursement of relief to the dependents of soldiers and sailors 
during the period when such soldiers and sailors are in the 
actual service of the United States, and reimbursement shall be 
made to the city or town from the treasury of the common- 
wealth for amounts actually expended: provided, that in no 
case shall more than forty dollars be reimbursed on account of 
the total aid rendered to all dependent relatives of any one 
soldier or sailor in any one month. All sums expended by 
cities and towns in excess of the amount so authorized shall be 
borne by the respective city or town in which the recipient has 
a legal settlement, in the form of soldiers' relief; but in the 
case of dependents of a soldier or sailor without legal settle- 
ment, the amount expended by cities and towns in excess of the 
limit prescribed, after determination by the commissioner of 
state aid and pensions as to how much relief is necessary to 
afford reasonable support, shall be reimbursed by the common- 
wealth. Payment under this act may be made from the date of 
entry into the service of the federal government. 

Section 7. Cities and towns, to meet liabilities incurred 
under the provisions of this act, are hereby authorized to 
borrow in excess of the statutory limit, for a period not exceed- 
ing one year, such sums as may be required, and to issue notes 
therefor to be payable in not more than one year from the date 
of issue. 

Section 8. The provisions of this act shall not apply to any 
inhabitant of this commonwealth who has enlisted, or who may 
hereafter enlist, in the corps of other states or territories. 

Section 9. This act shall take effect upon its passage. 
[Approved April 16, 1917. 

Note. — For date defining when war began for the purpose of this 
act, see General Acts, chapter 332, page 33. 



28 



4. Use of Recruiting Button. 

General Acts, Chapter 197. 

An Act to extend the sanction of the commonwealth to 
the recruiting button and to regulate its use. 

Be it enacted, etc., as follows: 

Section 1. The so-called "Recruiting Button" which is 
issued from the chief quartermaster's office shall bear the seal 
of the commonwealth, and shall have inscribed thereon the 
words "1917 Willing and Ready", a facsimile of which shall be 
retained in the said office. The said button may lawfully be 
worn by any member of the national guard of Massachusetts, or 
by any person who has presented himself to the proper officials, 
and has duly been approved and enrolled as a recruit for active 
service in the military forces of the United States or the com- 
monwealth of Massachusetts. 

Section 2. The wearing of the said button by any person 
other than those described in the preceding section shall be un- 
lawful, and shall be punished by a fine of not less than five, nor 
more than fifty, dollars for each offence. [Approved April 23, 
1917. 

5. State Pay for Soldiers and Sailors in United States Service. 

General Acts, Chapter 211. 

An Act to provide state pay for soldiers and sailors 
from this commonwealth in the volunteer service 
of the united states. 

Be it enacted, etc., as follows: 

Section 1. There shall be allowed and paid out of the treas- 
ury of the commonwealth to each non-commissioned officer, 
soldier and sailor, who has been, or is hereafter, mustered into 
the military or naval service of the United States as a part of 
the quota of this commonwealth for service in the United 
States or in any foreign country, the sum of ten dollars per 
month. The said amount shall be payable at the office of the 
treasurer and receiver general immediately upon the termination 
of the service, and shall date from the muster-in to the United 
States service of such non-commissioned officer, soldier or sailor, 



29 

and shall continue until January fifteenth, nineteen hundred and 
eighteen, unless the service is sooner terminated. In case of the 
death of any enlisted man, his widow, minor children, parents 
or dependents shall receive the said monthly compensation for 
the period up to January fifteenth, nineteen hundred and 
eighteen; but no part of this section shall be construed as de- 
priving the soldier or sailor of the right to allot all or any of his 
said pay to the treasurer of the commonwealth for the use of 
such minor children, parents or dependents as he shall desig- 
nate; and such allotments shall be payable monthly by the 
treasurer, during the term of service of said soldier or sailor, for 
the use of such minor children, parents or dependents. 

Section 2. For the purpose of meeting the expenditures au- 
thorized by this act the treasurer and receiver general is hereby 
authorized, with the approval of the governor and council, to 
issue bonds or notes from time to time, as they are needed, to 
an amount not exceeding one million five hundred thousand 
dollars, for a term not exceeding five years. Such bonds or 
notes shall be designated on the face thereof, Massachusetts 
Military Service Loan, Act of 1917, shall be countersigned by 
the governor, and shall be deemed a pledge of the faith and 
credit of the commonwealth; and the principal and interest 
thereof shall be paid at the times specified on said bonds or 
notes in gold coin of the United States, or its equivalent. Said 
bonds or notes shall be disposed of in such manner as shall be 
deemed best by the treasurer and receiver general, who shall, 
when issuing any of said bonds or notes, provide for the pay- 
ment of the same in the manner prescribed by chapter three of 
the acts of the year nineteen hundred and twelve, and the 
amount necessary to pay the principal of said loan as it matures, 
and the interest as it accrues, shall be raised by taxation from 
year to year. 

Section 3. In case of dishonorable discharge, or termination 
of service by reason of desertion or misdemeanor of any en- 
listed man, the period of payment under this act shall be from 
the date of muster-in until the date of the dishonorable termi- 
nation of service. 

Section 4. The adjutant general shall certify to the treas- 
urer and receiver general the date of muster-in and the date of 



30 

termination of service of all enlisted men entitled to payments, 
and any other information necessary to carry out the provisions 
of this act. 

Section 5. This act shall take effect upon its passage. 
[Approved May 2, 1917. 

Note. — For date defining when war began for the purpose of this 
act, see General Acts, chapter 332, page 33. 

6. Books for Soldiers and Sailors. 

General Acts, Chapter 239. 

An Act to authorize the board of free public library 
commissioners to supply books to soldiers and 

SAILORS. 

Be it enacted, etc., as folloivs: 

Section 1. The board of free public library commissioners 
is hereby authorized to expend, from the amount of the annual 
appropriation for its use, a sum not exceeding one thousand 
dollars during the year nineteen hundred and seventeen, and 
the same sum annually during the continuance of the present 
war, in supplying books for the use of members of the United 
States army or navy, or of the national or home guard who 
may be stationed within the commonwealth. The board may 
place the books so supplied in the custody of any military 
officer or other person, or of any corporation; and may make 
such other arrangements for the distribution and collection of 
the books as it may deem proper. 

Section 2. This act shall take effect upon its passage. 
[Approved May 12, 1917. 



31 



7. Compensation for Municipal Employees in United States 

Service. 

General Acts, Chapter 254. 

An Act to authorize cities and towns to pay to their em- 
ployees WHO ENLIST IN THE SERVICE OF THE UNITED 
STATES THE DIFFERENCE BETWEEN THEIR MILITARY AND 
THEIR MUNICIPAL COMPENSATION. 

Be it enacted, etc., as follows: 

Section 1. Cities and towns are hereby authorized to pay 
to employees leaving their service between March twenty-fifth, 
nineteen hundred and seventeen, and the close of the war, as 
determined by the United States government, for the purpose 
of entering the military or naval service of the United States, 
an amount equal to the difference between the compensation 
which such employees were receiving at the time of leaving 
such service and the pay which they receive while in said 
military or naval service under the acts of congress and of this 
commonwealth, including aid to their dependents. The pay- 
ments herein provided for shall date from the time when the 
employee leaves the service of the city or town. Payments 
hereunder shall continue to be made for six months after the 
close of the war as determined aforesaid unless the recipient is 
sooner discharged. 

Section 2. This act shall take effect in cities upon its 
acceptance by the mayor and city council, or by the commission 
in cities where there is a commission form of government, and 
in towns upon its acceptance by the voters of the town at any 
regular or special town meeting. [Approved May 14, 1917. 

8. Use of Firearms in Military Training. 

General Acts, Chapter 300. 

An Act to authorize certain organizations to drill and 
parade with firearms. 

Be it enacted, etc., as follows: 

Section 1. The adjutant general, with the approval of the 
governor, may prescribe rules and regulations under which any 
body of citizens of the commonwealth, organized as an associa- 



32 

tion, club or training school for the purpose of acquiring 
military knowledge, discipline and training, may drill or parade 
with firearms: provided, that written consent is first obtained 
from the adjutant general, and that the body organized as 
aforesaid shall adopt such uniform, equipment and insignia of 
rank as he shall prescribe. He may authorize the use by any 
such body of any state armory for drill or training; provided, 
that such use shall not interfere with the occupation and use of 
the armory by the national guard. The governor may, at any 
time, disband any such body. This act shall be operative only 
during such time as the United States may be in a state of 
actual warfare. 

Section 2. This act shall take effect upon its passage. 
[Approved May 25, 1917. 

9. Compensation for State Employees in United States Service. 

General Acts, Chapter 301. 

An Act relative to the compensation of employees of 
the commonwealth in the military or naval service 
of the united states during the present war. 

Be it enacted, etc., as follows: 

Section 1. There shall be allowed and paid, out of the 
treasury of the commonwealth, to every employee of the com- 
monwealth who has been or is hereafter mustered into the mil- 
itary or naval service of the United States during the present 
war, an amount equal to the difference between the com- 
pensation received by him from the United States, plus the 
compensation received as extra military pay, received from the 
commonwealth, and the amount which he was receiving from 
the commonwealth at the time when he was mustered in. The 
said payments shall continue so long as he continues in the 
military or naval service of the United States, but shall cease 
one month after the termination of the war. In case of his 
death in the said service his widow, minor children, parents or 
dependents shall receive the said sum until the termination of 
the war. 

Section 2. The said sums shall be payable monthly by 
checks signed by the treasurer and receiver general, which 



33 

shall be sent to the person to whose order they are drawn, or to 
his wife, parent or child, or to any other person designated by 
the beneficiary by a writing filed with the treasurer and receiver 
general, or sent to him by mail. 

Section 3. This act shall take effect upon its passage. 
[Approved May 25, 1917. 

10. Soldiers and Sailors entitled to State Pay from February 3, 

1917. 

General Acts, Chapter 332. 

An Act relative to state pay and other benefits for 
certain soldiers and sailors. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of authorizing state pay for 
soldiers and sailors in the federal service as provided by chapter 
two hundred and eleven of the General Acts of the year nine- 
teen hundred and seventeen, and aid for their dependents under 
the provisions of chapter one hundred and seventy-nine of the 
General Acts of the year nineteen hundred and seventeen, the 
war with the German Empire is defined as having begun 
February third, nineteen hundred and seventeen, and any non- 
commissioned officer or enlisted man having a residence of at 
least six months within this state and serving to the credit of 
this commonwealth in the regular or volunteer forces of the 
United States army, navy or marine corps, whose federal service 
began subsequent to said February third, nineteen hundred and 
seventeen, is eligible under the provisions of the above acts. 

Section 2. This act shall take effect upon its passage. 
[Approved May 25, 1917. 

Note. — For provisions concerning affidavits and acknowledgments 
by soldiers and sailors, and suits by or against them, see " The Common- 
wealth Defence Act", sections 13-20, pages 17-19. 



34 



III. PRODUCTION AND CONSERVATION OF FOOD AND 
OTHER SUPPLIES. 

1. Agricultural Work on the Lord's Day legalized. 

General Acts, Chapter 207. 

An Act relative to the observance of the lord's day. 
Be it enacted, etc., as follows: 

Section 1. The cultivation of land, and the raising, harvest- 
ing, conserving and transporting of agricultural products on the 
Lord's day shall not be unlawful, during the existence of war, 
and until the first day of January following the termination 
thereof, between the United States and any other nation. 

Section 2. This act shall take effect upon its passage. 
[Approved April 27, 1917. 

2. Expenditures by Municipalities to aid in raising Food 

Products, etc. 

General Acts, Chapter 264. 

An Act to authorize cities and towns to make certain 
emergency appropriations in time of war. 

Be it enacted, etc., as follows: 

Section 1. Cities and towns are hereby authorized, during 
the continuance of the existing state of war between the United 
States and any foreign country, to appropriate such sums of 
money as they may deem necessary to conserve health and to 
protect persons and property; to establish, maintain, and 
equip training fields; to purchase military equipment and 
supplies; and for the purpose of conserving the food supply, to 
do such things as they may deem necessary to assist in the 
raising and distribution of food products. The expenditure of 
all money appropriated under authority of this act shall, in 
cities, be under the direction of the mayor and city council or 
commission, and in towns, of the selectmen, or of committees 
appointed by the mayor with the approval of the council or 
commission in cities, and by the selectmen in towns. A report 
in detail of all such expenditures shall be made and included in 
the annual report of the proper financial officers of the city or 
town. 



35 

Section 2. For the purpose of meeting expenditures herein 
authorized, a city or town may raise such sums as may be 
necessary by taxation or may incur debt and issue bonds or 
notes therefor for a period not exceeding five years. All debts 
incurred under authority of this act shall be payable in accord- 
ance with the provisions of section fourteen of chapter seven 
hundred and nineteen of the acts of the year nineteen hundred 
and thirteen, and amendments thereof. 

Section 3. If a city or town, acting under the authority 
herein granted, shall plough or harrow or furnish other aid in 
the -cultivation of private land situated in such city or town 
upon application of the owner of such land and for his benefit, 
the cost of such work shall be paid by the owner and bills 
shall be rendered to the owner therefor, and if not paid on or 
before the first day of April of any year, the amount so due 
and unpaid may be assessed on the land upon which the work 
was done, and shall be a lien on the said land enforceable in 
the same manner and with the same effect as is provided in the 
case of assessments for the suppression of the gypsy and brown 
tail moth. 

Section 4. This act shall take effect upon its passage, and 
shall, except as herein otherwise expressly provided, cease to 
operate on the termination of the said state of war. [Approved 
May 17, 1917. 

3. Investigations of Unlawful Combinations by Attorney- 
General. 

General Acts, Chapter 318. 

An Act to provide for the compulsory attendance and 
testimony of witnesses in certain investigations held 
by the attorney-general. 

Be it enacted, etc., as follows: 

Section 1. If it appears to the attorney-general that there 
is cause to investigate any alleged violation of law by reason of 
monopolies, unlawful discriminations or combinations, or other 
unlawful practices in restraint of trade, he may require by 
summons the attendance and testimony of witnesses and the 
production of books and papers before him relating to any such 



36 

matter under investigation. Such summonses may be issued by 
the attorney-general or by any of his assistants. They shall be 
served in the same manner as summonses for witnesses in 
criminal cases issued on behalf of the commonwealth, and all 
provisions of law relative to summonses issued in such cases 
shall apply to summonses issued under this act, so far as they 
are applicable. Such witnesses shall, before testifying, be sworn 
by the attorney-general or by an assistant designated by him. 

Section 2. Any justice of the supreme judicial court or of 
the superior court may, upon application of the attorney- 
general, compel the attendance of witnesses and the giving of 
testimony before the attorney-general in the same manner and 
to the same extent as before said courts. 

Section 3. The provisions of this act shall be and continue 
in force only so long as the present state of war exists. [Ap- 
proved May 25, 1917. 

•Note. — For other provisions relating to food products, see "The 
Commonwealth Defence Act", sections 6-9, pages 15, 16; and section 23, 
page 19. 

IV. WAR INSURANCE. 
1. Rates of Insurance for Soldiers and Sailors. 

General Acts, Chaptee 210. 

An Act relating to the extra charge that may be made 
by life insurance companies in case the insured 
enters military or naval service in time of war. 

Be it enacted, etc., as follows: 

The first paragraph of section sixty-six of chapter five hun- 
dred and seventy-six of the acts of the year nineteen hundred 
and seven is hereby amended by adding at the end thereof the 
following: — Nothing herein relating to the consideration for the 
policy shall apply to any extra compensation which may be 
criarged by a company to the insured for engaging in military 
or naval service in time of war, — so that said first paragraph 
will read as follows: — Section 66. All corporations, associa- 
tions, partnerships or individuals doing business in this com- 
monwealth under any charter, compact, agreement or statute of 
this or any other state, involving the payment of money or 



37 

other thing of value to families or representatives of policy and 
certificate holders or members, conditioned upon the continu- 
ance or cessation of human life, or involving an insurance, 
guaranty, contract or pledge for the payment of endowments 
or annuities, shall be deemed to be life insurance companies, 
and shall not make any such insurance, guaranty, contract or 
pledge in this commonwealth, or to or with any citizen or 
resident thereof, which does not distinctly state the amount of 
benefits payable, the manner of payment and the consideration 
therefor, nor any such insurance, guaranty, contract or pledge, 
the performance of which is contingent upon the payment of 
assessments made upon survivors. Nothing herein relating to 
the consideration for the policy shall apply to any extra com- 
pensation which may be charged by a company to the insured 
for engaging in military or naval service in time of war. [Ap- 
proved May 1, 1917. 

2. Insurance of Property against War Risks. 

General Acts, Chapter 238. 

An Act to extend the powers of fire insurance com- 
panies. 

Be it enacted, etc., as follows: 

Section 1. The first clause of section thirty- two of chapter 
five hundred and seventy-six of the acts of the year nineteen 
hundred and seven, as amended by chapter five hundred and 
nine of the acts of the year nineteen hundred and eight, by 
chapter four hundred and ninety-nine of the acts of the year 
nineteen hundred and ten, and by chapter one hundred and 
seventy-four of the acts of the year nineteen hundred and 
thirteen, is hereby further amended by inserting after the word 
"land", in the sixth line, the word: — earthquake, — and by in- 
serting after the word "bombardment", in the same line, the 
words: — invasion, foreign enemies, insurrection, riot, civil 
war or commotion, military or usurped power, — so that said 
clause as amended will read as follows: — 

First, To insure upon the stock or mutual plan against loss or 
damage to property and loss of use and occupancy by fire; 
explosion, fire ensuing; explosion, no fire ensuing, except ex- 



38 

plosion of steam boilers and fly-wheels; lightning, hail or 
tempest on land; earthquake; bombardment; invasion, foreign 
enemies, insurrection, riot, civil war or commotion, military or 
usurped power; a rising of the waters of the ocean or its 
tributaries, or by any two or more of said causes. 

Section 2. A company insuring property in this common- 
wealth against loss or damage from explosion, except explosion 
of steam boilers and fly-wheels; bombardment; invasion, 
foreign enemies, insurrection, riot, civil war or commotion, 
military or usurped power, or any one or more of them, shall 
file with the insurance commissioner the forms of the policies or 
riders employed in such insurance in this commonwealth. 

Section 3. This act shall take effect upon its passage. 
[Approved May 11, 1917. 

V. THE FLAG. 

1. Publication of Information concerning the Flag. 

General Acts, Chapter 181. 

An Act authorizing the publication of information con- 
cerning THE NATIONAL FLAG, THE FLAG OF THE COMMON- 
WEALTH AND SIMILAR MATTERS. 

Be it enacted, etc., as folloivs: 

Section 1. The secretary of the commonwealth is hereby 
authorized to publish in pamphlet form information concerning 
the national flag, its history and anniversaries, a calendar of 
American history, the seal, coat-of-a'rms and flag of the com- 
monwealth, the statutes of the commonwealth and of the 
United States relating to the national flag and the state flag, 
and such other material likely to promote patriotism as he may 
deem advisable. Ten thousand copies shall be printed and such 
further editions as may become necessary: provided, however, 
that the whole amount expended for this purpose in the year 
nineteen hundred and seventeen shall not exceed one thousand 
dollars. The governor, lieutenant governor, councillors, sena- 
tors and representatives shall be entitled to receive ten copies 
each, the remainder to be distributed to the public in the dis- 
cretion of the secretary. 

Section 2. This act shall take effect upon its passage. 
[Approved April 16, 1917. 



39 



2. Penalties for Misuse of the Flag. 

General Acts, Chapter 265. 

An Act relative to the penalty for misuse of the flag 
of the united states and of the commonwealth. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and six of the Revised 
Laws, as amended by chapter four hundred and sixty-four and 
section one of chapter six hundred and four of the acts of the 
year nineteen hundred and thirteen, and by chapter five hun- 
dred and seventy of the acts of the year nineteen hundred and 
fourteen, is hereby further amended by inserting after the word 
"dollars", in the fourteenth line, the words: — , or by imprison- 
ment for not more than one year, or by both such fine and im- 
prisonment, — so as to read as follows : — Section 5. Whoever 
publicly mutilates, tramples upon, defaces or treats contemptu- 
ously the flag of the United States or of Massachusetts, whether 
such flag is public or private property, or whoever displays such 
flag or any representation thereof upon which are words, figures, 
advertisements or designs, or who shall in this commonwealth 
expose to public view, manufacture, sell, expose for sale, give 
away or have in possession for sale or to give away or for use 
for any purpose, any article or substance, being an article of 
merchandise or a receptacle of merchandise or articles upon 
which shall be attached through a wrapping or otherwise, en- 
graved or printed in any manner, a representation of the 
United States flag, shall be punished by a fine of not less than 
ten nor more than one hundred dollars, or by imprisonment for 
not more than one year, or by both such fine and imprison- 
ment; but a flag which belongs to a grand army post, to a 
camp of the legion of Spanish war veterans or which is the 
property of or is used in the service of the United States or of 
this commonwealth may have the names of battles and the 
name and number of the organization to which such flag belongs 
inscribed thereon. Words, figures, advertisements or designs 
attached to, or directly or indirectly connected with, the flag or 
any representation thereof in such manner that the flag or its 
representation is used to attract attention to or advertise such 



40 

words, figures, advertisements or designs, shall for the purposes 
of this act be deemed to be upon the flag. Trial justices shall 
have jurisdiction of violations of the provisions of this section. 
[Approved May 18, 1917. 

3. Use of the Flag. 

General Acts, Chapter 289. 

An Act kelative to the use of the flag of the united 

STATES. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred arid six of 
the Revised Laws, as amended by chapters four hundred and 
sixty-four and six hundred and four of the acts of the year nine- 
teen hundred and thirteen, by chapter five hundred and seventy 
of the acts of the year nineteen hundred and fourteen, and by 
chapter two hundred and sixty-five of the General Acts of the 
year nineteen hundred and seventeen, shall not be construed to 
apply to any newspaper, periodical, book, pamphlet, certificate, 
diploma, warrant, or commission of appointment to office, 
ornamental picture, article of jewelry, or stationery for use in 
correspondence, on which is printed, painted, or placed the flag 
of the United States of America not connected with any adver- 
tisement, and not used for advertising purposes. 

Section 2. This act shall take effect upon its passage. 
[Approved May 2 J,, 1917. 

4. " The Star Spangled Banner." 

General Acts, Chapter 311. 

An Act relative to the manner of rendering the "star 
spangled banner." 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful in this commonwealth to 
play, sing or render the "Star Spangled Banner" in any public 
place, theatre, motion-picture hall, restaurant or cafe, or at any 
public entertainment, other than as a whole and separate com- 
position or number, without embellishment or addition in the 
way of national or other melodies, or to play, sing or render the 



41 

"Star Spangled Banner", or any part thereof as dance music, 
as an exit march or as part of a medley of any kind. 

Section 2. Any violation of this act shall be punished by a 
fine of not more than one hundred dollars. [Approved May 25, 
1917. 

VI. FEDERAL RELATIONS. 
1. Exemption of United States Bonds from Taxation. 

General Acts, Chapter 257. 

An Act to exempt from taxation savings deposits when 
invested in bonds or certificates of indebtedness of 
the united states. 

Be it enacted, etc., as follows: 

Section 1. Deposits in savings banks, including such sav- 
ings banks as are called institutions for savings, deposits in the 
savings departments of trust companies, and also deposits in the 
Massachusetts Hospital Life Insurance Company, shall be 
exempt from taxation when invested in bonds or certificates of 
indebtedness of the United States of America. 

Section 2. This act shall take effect upon its passage. 
[Approved May 16, 1917. 

Note. — Funds of other corporations and individuals so invested were 
previously exempt from taxation. 

2. Cession of Little Hog and Calf Islands. 

General Acts, Chapter 308. 

An Act granting the consent of the commonwealth to 
the acquisition by the united states of little hog 
and calf islands in boston harbor. 

Be it enacted, etc., as follows: 

Section 1. The consent of the commonwealth of Massa- 
chusetts is hereby granted to the United States of America to 
acquire by purchase or condemnation Little Hog and Calf 
islands in Boston harbor, the same to be used for the purposes 
of national defense. 

Section 2. Jurisdiction over the said islands is hereby 
granted and ceded to the United States, but upon the express 
condition that this commonwealth shall retain a concurrent 



42 

jurisdiction with the United States, in and over the islands so 
acquired, in so far that all civil processes, and such criminal 
processes as may issue under the authority of this common- 
wealth against any person or persons charged with crimes com- 
mitted without the said islands, may be executed thereon in the 
same manner as though this consent and cession had not been 
granted. [Approved May 25, 1917. 

Note. — For authority given the Governor to co-operate with the 
Federal authorities, and with Governors of other States, see "The Com- 
monwealth Defence Act," section 11, page 17. 

VII. FINANCIAL MEASURES. 
1. First $1,000,000 Appropriation. 

Special Acts, Chapter 202. 

An Act making an appropriation to defray certain mili- 
tary, NAVAL AND OTHER EMERGENCY EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sum of one million dollars is hereby appro- 
priated, to be paid out of the treasury of the commonwealth 
from the ordinary revenue, to be expended under the direction 
of the governor as commander-in-chief, subject to the approval 
of the council, in defraying the military, naval, and other ex- 
penses which the emergency arising out of existing conditions, 
and the exigencies of possible war, may in his judgment render 
requisite and proper. 

Section 2. This act shall take effect upon its passage. 
[Approved March 19, 1917. 

2. Entertainment of French Mission. 

Resolves, Chapter 86. 

Resolve providing for the entertainment of the French 
mission to the united states. 

' Resolved, That there be allowed and paid out of the treasury 
of the commonwealth a sum not exceeding seven thousand 
dollars, to be expended by the governor for the proper enter- 
tainment of the French Mission to the United States which will 



43 

visit Boston some time during the present week, and for the 
expenses of such companies of the national guard as the gov- 
ernor may deem proper to call out for parade during their visit. 
[Approved May 10, 1917. 

3. Payment of Certain Emergency Expenses. 

Resolves, Chapter 101. 

Resolve providing for the payment of certain emergency 
expenses in preparing for the exigencies of antici- 
pated war. 

Resolved, That certain expenses, to an amount not exceeding 
six thousand dollars, incurred prior to March nineteenth, nine- 
teen hundred and seventeen, under the direction of the governor 
as commander-in-chief, in preparation for the exigencies of 
anticipated war, may, with the approval of the executive 
council, be paid and charged to the appropriation provided by 
chapter two hundred and two of the Special Acts of the present 
year. [Approved May 16, 1917. 

4. Second $1,000,000 Appropriation. 

General Acts, Chapter 324. 

An Act authorizing the governor to incur emergency 
expenses incident to the existing state of war. 

Be it enacted, etc., as follows: 

Section 1. The governor with the consent of the council is 
hereby authorized to incur expenses not exceeding one million 
dollars to meet any emergency which may arise during the 
recess of the general court by reason of the exigencies of the 
existing state of war. 

Section 2. For the purpose of defraying the said expenses, 
the treasurer and receiver general is hereby authorized, with the 
approval of the governor and council, to issue, in behalf of the 
commonwealth and under its seal, bonds or certificates of in- 
debtedness, either registered or with interest coupons attached, 
to an amount not exceeding one million dollars, for a term not 
exceeding ten years. Such bonds or certificates of indebtedness 
shall bear interest at a rate not exceeding four and one half per 



44 

cent per annum, payable semi-annually. They shall be desig- 
nated on their face, Massachusetts Emergency War Loan, Act of 
1917, shall be countersigned by the governor and shall be 
deemed a pledge of the faith and credit of the commonwealth ; 
and the principal and interest thereof shall be paid at the time 
specified therein, in gold coin of the United States or its 
equivalent. The said bonds or certificates of indebtedness shall 
be issued upon the serial payment plan, in accordance with the 
provisions of chapter three of the acts of the year nineteen hun- 
dred and twelve. 

Section 3. This act shall take effect upon its passage. 
[Approved May 25, 1917. 

5. Appropriation for State Guard. 

General Acts, Chapter 331. 

An Act to provide for expenses of the state guard, 

so-called. 

Be it enacted, etc., as follows: 

Section 1. The governor as commander-in-chief is hereby 
authorized to incur expenses, not exceeding two hundred and 
fifty thousand dollars for the maintenance of the state guard, 
so-called, when said guard is called for active duty. 

Section 2. For the purpose of defraying the expenses which 
may be incurred in carrying out the provisions of this act, the 
treasurer and receiver general is hereby authorized, with the 
approval of the governor and council, to issue, in behalf of the 
commonwealth and under its seal, bonds or certificates of in- 
debtedness, either registered or with interest coupons attached, 
to an amount not exceeding two hundred and fifty thousand 
dollars, for a term not exceeding ten years. Such bonds or 
certificates of indebtedness shall bear interest at a rate not ex- 
ceeding four and one half per cent per annum, payable semi- 
annually. They shall be designated on their face Massachusetts 
Emergency War Loan, Act of 1917, shall be countersigned by 
the governor and shall be deemed a pledge of the faith and 
credit of the commonwealth; and the principal and interest 
thereof shall be paid at the time specified therein, in gold coin 
of the United States or its equivalent. The said bonds or 



45 

certificates of indebtedness shall be issued upon the serial pay- 
ment plan, in accordance with the provisions of chapter three of 
the acts of the year nineteen hundred and twelve. 

Section 3. This act shall take effect upon its passage. 
[Approved May 25, 1917. 

Note. — The "State Guard" referred to in this act is the same body 
authorized by General Acts, chapter 148, page 24, and there called the 
"Home Guard." The reason for the apparent discrepancy in titles is 
that, subsequent to the passage of chapter 148, there sprang up all over 
the State companies of men who were able and willing to organize for 
military service in the locality of their residence, but who, for various 
reasons, could not subject themselves to be sent anywhere in the State; 
and whose commissions and authority were therefore local and municipal 
only. Such organizations soon came to be known as the "Home Guard," 
and volunteers who were willing to serve anywhere within the State 
limits were called the "State Guard," in contra-distinction. 

6. Appropriation for Expenses Incident to the Establishment 
of Military Camps. 

Special Acts, Chapter 369. 

An Act making appropriations for expenses incident to 
the mobilization of troops in camps within the com- 
monwealth. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are hereby 
appropriated, to be paid out of the treasury of the common- 
wealth from the ordinary revenue, for the following purposes: 

For the protection of health, and the prevention of the spread 
of disease caused by the mobilization of troops in military 
camps, a sum not exceeding twenty thousand dollars, to be ex- 
pended by the commissioner of health, with the approval of the 
governor and council. 

For the services and expenses of temporary detectives and 
police to be appointed by the governor and to act in conjunction 
with agents of the United States government in this common- 
wealth in preventing the evils incident to the mobilization of 
troops in military camps, a sum not exceeding ten thousand 
dollars, to be expended by the governor with the advice and 
consent of the council. 



46 

Section 2. This act shall take effect upon its. passage. 
[Approved May 25, 1917. 

Note. — The immediate occasion for the passage of this act, which 
was recommended by the Governor in a special message, was the an- 
nouncement by the Federal government that it proposed to establish a 
cantonment for the selective draft army in the town of Ayer. 



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